Tortured by Canadian government: Deciphering the lead constables testimony....Constable Leo Folk. (blog 60)

In the end there are so many un reconcilable differences from his field notes or the lack there of, changing testimony, evidence not turned over to the crown, evidence destroyed, no interview tapes...nothing. One of the most amazing things is that as a society we are conditioned to believe authority figures such as a police officer and until I interjected into his testimony most people would have thought it all legit and that is a scary thing because how many people go to prison for this type of corruption. I just figured that I would play Captain obvious for those that cannot decipher his bull shit and I trust you were able to see it. In the end, on may 21,2011 while suffering a back injury yet preparing for a long weekend that was well deserved. Police came into my home, aided by my special needs step kid and arrested me for the unthinkable. They denied my rights on so many levels its unconscionable. They also aided my accuser and her mother to abscond with everything I own, including my home. I was removed from my long time community and friends, vilified and even court ordered to stay away from my home and town. All 4 police officers testimony is the same, this guys is just the worst and yet "He was or wasn't in charge" Till this day we still don't really know even though he testified he was, yet so does his boss. My accuser at the time of accusing me had done so to 7 others and in each and every time she has either admitted or was found untruthful. She went on to accuse 2 others after myself, Pauline and Ryan Gambler to which she didn't show for court but instead wrote a letter recanting and their charges were dropped.
Yet they proceeded against myself. A day after all 4 were questioned, a judge ruled them "not credible" and in the first day of trial I was granted an acquittal just shortly after lunch due to a confession in front of my 12 witnesses to the circus (the jury).
You would think that they would leave me alone but no and throughout all the time waiting to clear my name they hounded me, further falsely charged me only to drop nearly all of those charges that were made in order to harm my credibility before the trial. Till this very day March 18,2015 I still face battles in court and have went into hiding in yet another town and have had no police interactions since my acquittal.

I thought this might be of interest. The source is Scarlet Tunic: Volume 2 by Robert Gordon Teather, an RCMP veteran of 30 years, published in 1997.

When an RCMP constable is sworn in, he or she takes a three part oath:

Oath of Allegiance: "Do you solemnly swear that you will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, her heirs and successors according to the law, so help you God?"

Oath of Office: "Do you solemnly swear that you will faithfully, diligently and impartially execute and perform the duties required of you as a member of the Royal Canadian Mounted Police, and will well and truly obey and perform all lawful orders and instructions that you receive, without fear, favor or affection of or towards any person, so help you God?"

Oath of Secrecy: "Do you solemnly swear that you will keep absolutely secret all knowledge and information of which you may become possessed through your position with the Royal Canadian Mounted Police; that you will not, without due authority in that behalf, discuss with members of the Force, or any other person, either by word or by letter, any matter which may come to your notice through your employment with the Royal Canadian Mounted Police, so help you God?"

To each of these questions, the response is: "I do so swear." Q is for question and A for answer.

14 COLIN LEO FOLK, Sworn, Examined by Ms. Joyce (Voir Dire)15

16 Q MS. JOYCE: I’ll say "constable", but you can correct me if I’m wrong,

17 Constable Folk?

18 A Yes.

20 Q You are a member of the RCMP?

21 A I am, yes.

23 Q How long have you been a member of the RCMP?

24 A Six and a half years.

Yet another seasoned vet of 6 and a half years.

26 Q And I notice that today as you are testifying you are not in an RCMP uniform. Is

27 there a reason for that?

28 A I’m in isolated posts right now, so I have to fly out, so I don’t fly out with all my

29 gear.

I find this odd for a few reasons. Like Constable Parker,Constable Folk has been transferred out of the area to a remote fly in posting and what are the reasons for this? One can only speculate but when the detachment is overworked according to their testimony one would wonder why they are removing members instead of adding. Personally as we will explore in regards to this blog that Constable Folk has received a fair amount of complaints and then there is my case and simply put as testimony shows the simple lack of proper ,ethical and thorough investigating on his part. It would appear as though the R.C.M.P is clearing house to distance itself from my case and others. Where this is almost impossible to prove, I feel it is by no means a stretch to believe so.

31 Q Okay. In May of 2011 where were you stationed?

32 A Athabasca, Alberta.

34 Q And what was your capacity there in terms of your rank and what were your general

35 duties there?

36 A I was a general duty constable there.

So admittedly, he was not an investigator or a senior investigator but rather just a "general Constable". Where one could imagine that there are some duty to investigate somewhat for them all, my concern is that even through testimony the only one to hold the title "senior investigator" is Corporal Dozios. Thus one could also suggest that Dozios being head of the department that any and all information goes through him first and then is passed along to the crown for prosecution. Ironically, in each of their testimonies not one of them accepts responsibility for this role and each state that " they have no idea if the information was forwarded to the crown. In fact it would appear that it all simply went missing even before the trial, some admittingly to have been destroyed by the R.C.M.P itself.

38 Q And on your average day that you’re working what kind of a uniform would you

39 wear?

40 A The uniform duty shirt, uniform duty pants with the yellow stripe, and my duty belt.

1 Q Is there anything that you would wear on the top half or your body other than a shirt?

2 A A bulletproof vest.

4 Q And what items are on the duty belt that you’re talking about?

5 A I have my side arm, handcuffs, radio, baton, and OC spray.

7 Q What is the OC stray?

8 A It’s the pepper spray.

So we are now aware that besides his clothing his weapon arsenal that he personal wore contained a "bullet proof vest,baton and O.C spray and a radio" So he would appear to be quite equipped to handle most if not all situations that could arise.

10 Q I understand May 21st of 2011 you became involved in an investigation with a

11 Mr. Harms; is that correct?

12 A I did, yes.

14 Q What was your first involvement or your first knowledge that an investigation was to

15 begin?

16 A I received a call from our telecoms operator in Edmonton that there had been a 911

17 call from a residence in Athabasca of a female crying hysterically, stated she was

18 molested, and hung up the phone.

Odd that this 911 call was never made available to defense, at least I have never seen or heard of it and it was most certainly never played in court. One should assume that this too would have been a part of the disclosure package and at the very least the crown should have it.

20 Q So just to give details, this telecoms operator, that is not the complainant, that is not

21 the person who’s making the complaint; is that right?

22 A No, it’s not.

24 Q And so when you’re talking about information that you gained, that would then go

25 through a party as opposed to directly from a complainant?

26 A Yes.

28 Q What did you do when you found out this complaint had come through?

In his official report and in his field book he writes that Corporal Dozois asked" if he would need back up and he responded that he wouldn't as he has dealt with the family before" He in fact has and it's always been about Angel, running away, drugs, etc. Nor himself or any other officer has ever been to my residence for a complaint about myself in any fashion until this day.

29 A I attended the residence. Went to the front door. Knocked on the door. The

30 door -- the inside door was open; the screen door was closed.

Remarkable, recallable memory after 29 months had past. Later you will see that turn to absolute shit.

32 Q How long does it take you to get from wherever the call comes to get to this

33 residence?

34 A I was in town when the call came in. I think I was about four or five blocks away,

35 so a matter of maybe less than five minutes.

37 Q Did anyone else from the RCMP attend with you to this residence?

38 A Later on there was another member who attended, yes.

40 Q Describe the residence as you first approach it?

41 A It’s a house. The front door, you go up a set of stairs. The main door to the

1 house faced south. You go inside the house, there’s an open area, a foyer area there,

2 and then from there you go into the living room area of the house.

This is some awesome memory considering he is talking about an event that was 29 months earlier, until he pointed it out I don't even think I could have told you in which direction my house faced but then again I never had to think about it. The point is that this is all off the cuff and by memory. It's almost as if he is there. Well lets see how that memory hold up.

4 Q Did you have any information or any, I guess, suspicion of who you would find within

5 that house?

6 A Yeah, I believe the house to be -- Angel Roberts resides there.

8 Q And what did you know about her involvement in this investigation when you first

9 attended?

10 A Regarding this investigation?

12 Q Yes.

13 A Nothing.

So he knew nothing? He knew who resided there and from dispatch he knew what the complaint was, I'm not sure I'm following him and this seems a little odd. Also, there were 2 females living with me, my accuser and her mother so I find it odd that although he knew nothing of the investigation he was about to enter (clearly a lie) that he mentions Angels name first. What if it had been someone else entirely?

15 Q Continue on with what happens when you arrive at the door?

16 A I got to the door. I knocked on the door. There was no answer on the door. I

17 could hear a female inside crying. I walked into the residence, saw her, Angel

18 Roberts, crying hysterically on the couch. Went in to talk to her to find out what

19 was going on.

21 Q Was there anyone else with her at the time?

22 A No, it was just her.

In her original statement, her mothers original statement and Angels statement, his field book they all say that she wasn't alone. She was with her mother and in fact I physically seen Folk knock on the door and I told her mother "fuck this drama, I'm not dealing with it this time, you can and hopefully they take her to the mental ward this time to get some help" Seems pretty cold I know but I was in pain due to a back injury, the long weekend just started and for years we had been trying to get Angel mental health help and quite frankly it was becoming very embarrassing to have the police at your door so much over your troublesome step kid, its a small town and people didn't know what was going on, just that police were constantly there at our residence and rumors were beginning to spread. In the world we live in today, people automatically assume its because a male is acting up, I was the only male in the home. Like I said ,it was embarrassing. So I made the decision to withdraw to my basement rec room.

24 Q And did you know her or recognize her when you saw her at this point?

25 A I did, yeah. I know who she is.

Why and how is it" that you know who she is"?

27 Q What happens from there?

28 A I went and talked to her. At first she wasn’t too forthcoming with any information.

29 She was pretty upset and crying. I talked to her for probably a minute to two

30 minutes, and then she advised me that her stepdad, Mr. Harms, had -- had molested

31 her.

He has in fact dealt with us before. Angel has made accusations on numerous occasions and as her Step Father I took them serious and would bring her to the R.C.M.P for it to be addressed along with investigators where she would first accuse and then later confess to making it all up. Incidentally, after My own case she did so again to 2 other people. Pauline and Ryan Gambler and in their case she refused to attend court, wrote a letter recanting.

33 Q Did -- what words did she use?

34 A I have to check with my notebook.

36 Q Do you have that notebook with you today?

37 A I do, yes.

39 Q And are there -- have there been any additions or deletions to those notes since you

40 made them?

41 A No.

2 Q They’re in your own handwriting?

3 A Yes.

5 Q And did you make them at or near the time of this investigation?

6 A I did,

This is a start of a trend with this Constable and the notes. Freely by mind even dated he can describe so much and yet he goes back and forth, changing and altering things. I know this because through disclosure I have a full copy of all his field notes. One would wonder why neither the judge and or any of the lawyers requested that the notes be sealed into evidence or at least viewed that they were actual notes and not just plank pages. For example, he has already testified " I went and talked to her. At first she wasn’t too forthcoming with any information.

29 She was pretty upset and crying. I talked to her for probably a minute to two

30 minutes, and then she advised me that her stepdad, Mr. Harms, had -- had molested

31 her."

8 THE COURT: I’m going to ask if you can allow -- be allowed

9 to refer to --

11 MS.HAYES: Noobjection, sir.

13 THECOURT: Thankyou. Please do, yes.

15 A Angel stated that her dad had got mad, grabbed her by the face, threw her on the bed,

16 and put his hands down her pants.

First of all this is a whole lot more than " less then forthcoming"
Keep in mind the back injury, see medical report done but a few hours earlier. According to his statement he should now know that he has grounds to arrest me because of the complaint but lets see what he does. I will add to an an going time line though. Since he received the call, it took 5 minutes to get there " I was in town when the call came in. I think I was about four or five blocks away,so a matter of maybe less than five minutes." And "She was pretty upset and crying. I talked to her for probably a minute to two minutes, and then she advised me that her step dad, Mr. Harms, had -- had molested her." Wow in 7 minutes he has solved the whole thing.

18 Q MS. JOYCE: What happens after you get that information?

19 A As I’m talking to Angel about this, her mother, Samantha Roberts, came home and

20 walked through the door. Samantha asked what was going on. Angel was still

21 very hysterical and crying, so I explained to Samantha what Angel had told me

This is not so and just one of the very many reasons why Constable Folk should be charged with perjury, yet was only found to be not credible. The following 2 are from the preliminary inquiry and the trial. So how is it that Constable Folk can say this? when everyone else says the exact opposite from jump and throughout the years. I offer the following before we continue with his questioning: Preliminary in chief from my accuser.(" Q MR. MAHON: So, at some point did you hang up the call with

6 911, Angel?

7 A Can you repeat the question?

9 Q You were talking to them at 911 and giving them your personal information and while

10 you were talking to them did somebody come into the room?

11 A Yes, my mom did.

13 Q And what did you do?

14 A I told -- my mother was there but then Joseph was right behind her so I didn’t tell her

15 that I called the police, instead I lied and told her, Mom, Dylane had just called for

16 you.

18 Q Okay.

19 A And my mother had said, What had she asked? How you were doing. I told her you

20 were doing good. And I gave her the phone and she pressed call back and she had

21 seen [ had called 911. So, with that she had known that the cops would be coming to

22 our house very soon.

24 Q Okay. And what happened next?

25 A The cops came to my house.")

Preliminary in cross examination:("14 Q And shortly after that, when your mom left your room is when you made the call to

15 9-1-1; correct?

16 A Correct.

18 Q And you used your own cell phone to make that call.

19 A No.

21 Q Whose cell phone did you use?

22 A I didn’t use a cell phone.

24 Q Oh, your home phone then.

25 A Yes.

27 Q And I take it the ofﬁcers arrived fairly shortly after that, after you made that 9-1-1

28 call.

29 A They showed up right away.

31 Q Pardon me?

32 A They showed up right away.

34 Q Okay. And it was Constable Folk that ﬁrst came in; is that right?

35 A Yes.

37 Q And you know Constable Folk; correct?

38 A Yes.

40 Q That wasn’t the ﬁrst time that you had met him; correct?

41 A M-hm.")
The trial proper: Page 155 under direct examination, you can look for yourself.Additionally you can view My accuser's and her mothers original statements to RCMP that day, they also stated opposite of what he says.

Continuing on with Constable Folk's examination:

22 happened, and then asked Samantha and Angel where Mr. Harms was. And again, it

23 was really hard to get any information other than what I said that Angel had told me

24 she was very hysterical, crying, very upset. Samantha went downstairs and came up

25 and told me that Mr. Harms was downstairs in the basement.

" As I’m talking to Angel about this, her mother, Samantha Roberts, came home and walked through the door. Samantha asked what was going on. Angel was still very hysterical and crying, so I explained to Samantha what Angel had told me happened, and then asked Samantha and Angel where Mr. Harms was. And again, it was really hard to get any information other than what I said that Angel had told me she was very hysterical, crying, very upset. Samantha went downstairs and came up and told me that Mr. Harms was downstairs in the basement."

This is untrue and every sense of the word. Even in his own ACTUAL field notes he states that they were both there upon his arrival, as was I. Both Samantha and Angels witness statements state the exactly same thing! Yet I am baffled that my attorney who should have read everything fails to pick this up and question him later on in her cross examination. Amazingly is his alleged or seemingly thought clarity or rather notes? Then he directly contradicts what he and everyone else says. Once again this is a lot different than what he testified to just moments ago.

27 Q What did you do after getting that information?

28 A I went downstairs to talk to Mr. Harms.

30 Q So if you can describe the setup of how, in this residence, you get downstairs to the

31 basement?

32 A There’s the living room area, and then you go through the living room area into the

33 kitchen area. At the back of the kitchen area there’s -- to your right there’s a set of

34 three or four stairs that go down and then it turns into the basement and goes down,

35 I’m guessing another ten steps to the basement.

37 Q What was going through your mind after you hear the information from Angel of an

38 allegation and then find -- or hear the information from Samantha of where the

39 accused is?

40 A I didn’t -- I didn’t know why Mr. Harms was downstairs. I thought I had to go

41 down and talk to him.

So I'm going to interject here. This guy now has to rely on notes that even we have never seen but freely now he is once again transported to my home it would seem. "through the living room area into the kitchen area, to your right there is a set of stairs" and he even knows the number of them! "then you turn, I'm guessing another ten steps"Unbelievable!

2 Q So what happens after -- after you come to that determination?

3 A I started down the stairs. I went down the initial three or four steps, looked around

4 the corner, and I observed Mr. Harms sitting on a couch kind of in the middle of the

5 basement. He was hunched forward, sitting in the middle of the couch in his --

"Looked around the corner" wait a minute, My basement is like any other. I had 4 concrete walls, so just what corner was he looking around?

7 THE COURT: I’m sorry. I didn’t understand --

9 MS. HAYES: Sorry, officer, I don’t mean to interrupt here. I

10 just wanted to interrupt because I note that the officer is reading from his notes, and I’m

11 quite content to have him rely on his notes to refresh his memory. I’d just like it to be

12 clear on the record when he’s in fact speaking from memory and when he’s relying on his

13 notes to refresh his memory.

A very good point Hayes brings up because when he discussed going through the living room, kitchen down the numbered stairs. That was all by memory and now he is relying on notes and thus her interjection. Because like I said, those notes he is reading from aren't the copied field book notes we have. Throughout this questioning you'll often see him flip back and forth from memory to "notes".

15 THECOURT: Thatmakes sense to me as well.

17 MS.JOYCE: Yes.

19 THECOURT: Doyou understand the point, Constable?

21 A I do, yes.

23 THECOURT: Sothank you. The reason I interrupted was

24 I -- you said something I didn’t catch, I didn’t understand, about a phrase back in your

25 evidence. Something about hunch board or -- that’s what I heard, but that doesn’t

26 make any --

28 A Slouched forward.

30 THECOURT: Slouchedforward?

32 A Yeah.

34 THECOURT: That’s what I heard. All right. Thank you.

35 So to the extent you can testify from your memory, and if your memory doesn’t help you,

36 then refresh your memory with your notes. All right?

38 A Certainly.

So I'm glad we cleared that up. He now has the options of memory and notes. Sounds reliable to me.

40 THECOURT: Thankyou.

1 A I looked around the corner and saw Mr. Harms sitting on a couch slouched forward.

2 Iobserved a can of beer in his left hand and a black handgun in his right hand.

4 Q MS. JOYCE: What did you do after you saw that?

5 A I instructed Mr. Harms to drop the firearm. I’m just referring to my notes.

You got time to write notes when your telling an accused rape suspect armed with a gun to take notes ? Glad you were "I'm just referring to my notes".

7 Q Yes.

8 A I instructed Mr. Harms to drop the firearm. He replied to me, don’t come down

9 here. I stated again to Mr. Harms to drop the gun and he replied that it was a BB

10 gun and placed it at his feet. I asked him to throw it further away from him, and he

11 picked it up or actually -- I’m sorry. I asked him to kick it away from him. He

12 picked it up again and threw it into the corner of the basement.

There was " a gun" A BB gun just like he said I told him. I was shooting it at a target of drywall yet unfinished in my basement as it drove my cats wild to chase the BB's. It had a big bright orange tip!. I dropped it anyway, was annoyed when he requested I kick it away, so I picked it up and threw it to the corner. Thus is exactly why Corporal Dozios never even photographed it but admits to destroying it as it would just make them look even dumber.

14 Q When you first go down the initial couple -- three steps or so, so not the full set of

15 steps into the basement, had you done anything with any of the items on your utility

16 belt?

17 A Yeah, I had -- I had drawn my side arm.

19 Q So at what point did you make the decision to do that?

20 A As soon as I observed Mr. Harms had a firearm in his hand.

22 Q And, sorry, that -- I might have been unclear in my question. I was talking about

23 before you get to that point where you can see Mr. Harms, where you’re just coming

24 down the first couple of steps, had you done anything at that point with your --

25 anything on your utility belt?

26 A I had not, no.

28 Q When you draw your side arm, how did you hold it?

29 A I held it in my right hand.

Okay, here it really starts getting thick.He gets a 911 emergency dispatch that a young woman has "been molested by her step dad", he tells his partner "no need for back up as he has dealt with the family before", shows up on scene to a crying teenager and she reiterates the accusation again, attempts to locate the suspect who when he spots him he is waving what appears to be a handgun, so worried that he draws his sidearm ready to defend himself, keep this in mind cause the shit gets thicker.

31 Q And where would you have been pointing it or aiming it?

32 A The entire time I had it pointed at the ground. The location of where I was, it was

33 a very thick, solid concrete wall that I was looking around. I wasn’t in a really good

34 position to -- at that time to be pointing my side arm at Mr. Harms. I felt from

35 where I was that I was in a safe position to instruct him to drop the firearm.

I urge you right now to stop reading and go look at your basement. If yours is like mine, you have 4 solid concrete walls, set of stairs. NO ONE has stairs (wooden) with any concrete walls except for the 45 degree 2 exterior foundation walls. So what bloody " a very thick, solid concrete wall that I was looking around "?. I cannot believe this was entertained in a court of law.

37 Q How was he holding the firearm when he first -- sorry. And I’ll say Mr. Harms.

38 How was Mr. Harms holding the firearm when you first saw him?

39 A When I first came around the corner, Mr. Harms had it in his right hand and he had it

40 just draped over his leg in front of him.

1 Q Okay. Did that change at any point?

2 A Yes. When I asked him to drop it, he began waving it around and then he said,

3 don’t come down here.

5 MS. HAYES: Sorry. I missed the last part of your answer.

7 A He was waving the gun around and said, don’t come down here.

9 Q MS. JOYCE: What kind of, I guess, tone of voice or behaviour was

10 Mr. Harms showing when he says, don’t come down here?

11 A I could tell Mr. Harms was extremely agitated and upset.

13 Q What happens after Mr. Harms throws the gun -- or sorry. You called it a firearm

14 and I’ll call it a firearm, and I think the Court will hear eventually that it is a BB gun,

15 but what happens after Mr. Harms throws the firearm?

16 A Well, Mr. Harms actually stated to me that it was a BB gun at that time when he

17 threw it. So I holstered my side arm and came down the rest of the way down the

18 stairs and positioned myself between Mr. Harms and the -- and the firearm

Of great wonderment here is that an officer of the law for 6.5 years , with all the info he has, the grounds to charge, then just holsters his weapon because "he said it was a bb gun"? Maybe because of the large orange tip? Equally disturbing is that "this same officer states on his general report dated May 21,2011 that he stood between me and the gun until his backup arrived". This will become evidently important later by his own mouth but until then I'll just Point out that Corporal Dozois testifies he seen us "when he arrived he seen us seated on the couch together" None the less lets hear him continue.

20 Q So then about how far away from you are Mr. Harms -- yes. How far away are

21 you from each other?

22 A Originally Mr. Harms was sitting on the couch and I positioned myself on the couch

23 as well to the right of Mr. Harms about 2 and a half, 3 feet.

Okay bud didn't you just say " and positioned myself between Mr. Harms and the -- and the firearm " and the next sentence you say "and I positioned myself on the couch as well to the right of Mr. Harms about 2 and a half, 3 feet". Honestly which is it?

Once again, let me interject into this bullshit. 5 minutes to get there, 2 minutes to talk to witness an alleged victim , attempts to talk to suspect, suspect is "waving a gun , extremely agitated and upset, with a can of beer in his hand" Your so scared you draw your firearm. Suspect then says "its just a bb gun" So you holster your weapon and plop down on the couch beside him!? Sounds fair and truthful to you? Of course this deepens more because we are confused. You stood between the accused and the firearm or you sat on the couch with him? Are these notes or memory?

25 Q How long in time does it take from the point where you begin to come down the stairs

26 and you have not drawn your own firearm until you get to the couch?

27 A Maybe 30 seconds.

This is wonderful, after all this is the Crown questioning him listen to it " How long in time does it take from the point where you begin to come down the stairs and you have not drawn your own firearm until you get to the couch"? His answer " 30 seconds" So DID he or did he NOT draw his firearm?

29 MS.HAYES: 30seconds?

31 A Sorry?

33 MS.HAYES: Ijust missed how many seconds you said.

35 A 30.

37 MS.HAYES: 30.

39 A 30 to 45 seconds, that’s. . .

Even Hayes can't believe it, nothing like lying under oath. But you know what, let's say he misheard the question and go back to his timeline of events. 5 minutes to get there, 2 minutes to confirm crime and 30 t0 45 seconds to come down the stairs even though there is gun play.( Does or doesn't sit on the couch with me and does or doesn't draw his firearm) 7 and a half minutes is now his timeline. Just wait, it gets even dumber.

41 Q MS. JOYCE: When you gave direction to Mr. Harms to throw his firearm,

1 what was your own tone of voice?

2 A I was very stern and I was -- I had a raised voice.

4 Q Continue on with what happens after you arrive at the couch?

Thought he "stood between the gun and I until Dozios arrived"?

5 A I have to refer to my notes for this. I -- so I should back up a little bit. At the time

6 when I came down the stairs and observed him with his -- with the firearm, I

7 immediately called another member for assistance.

Yes , please do refer to your notes because it sounds stupid and he knows it! Wait a minute. He knows it doesn't make sense and now he adds in that he was so uneasy about the gun play, that he called for backup, yet this all took place in 30 to 45 seconds!

9 Q Were you calling a specific member or just a general call for help?

10 A I was actually. There was only two of us on that day.

12 Q Who was that other person?

13 A It was Corporal Rick Dozois.

15 THECOURT: I’msorry. I didn’t get the name.

17 A Corporal Rick Dozois.

19 THECOURT: Dozois?

21 A Yeah, it’s D-O-Z-O-I-S.

23 THECOURT: Thankyou.

25 Q MS. JOYCE: Did you at that time have any information or an indication

26 of whether or not Corporal Dozois was going to attend?

27 A Yes, he stated he was on his way.

So you're so worried about an alleged gun (because there was never one introduced into evidence!) that you call for assistance....but then holster your weapon and plop on the couch!

29 Q Continue on with what happens at the couch.

30 A I began further in my investigation with talking with Mr. Harms, asked him what

31 was -- what was going on. And Mr. Harms was, to me, appeared to be

32 intoxicated. And he did state to me that he stripped her naked to teach her a lesson

33 because she was a whore.

Okay sounds reasonable doesn't it? in 7.5 minutes from call he now has a confession!This guy is good, a regular Dudley do right. HOT DOG! SOLVED THE CRIME IN 7.5 MINUTES, NEW RECORD! So lets back up. Corporal Dozios testified that he arrived at the residence at 6:15 yet the call came in at I believe around 5:24!, and he was "enroute to jackfish lake, 20 minutes away" Lets just say he was halfway or 10 minutes away. Constable Folk calls for back up and solves the alleged crime in 7.5 minutes. Why does it take Dozios an hour to get there? But lets let Constable bullshit, sorry...Folk continue.

35 Q When that comment is made to you by Mr. Harms, where are the two of you?

36 A We’re both on the couch in the basement.

38 Q Was there anyone else present by that point?

39 A There wasn’t, no.

41 MS.HAYES: Sorry. There was not?

2 A No.

4 Q MS. JOYCE: And you said that you asked what was going on? Do you

5 know if those are the very words that you used with Mr. Harms?

6 A I don’t. I’m sorry.

Wait what!? I thought he had his notes? Sorry alright cause you're full of shit!. Now one would wonder why I wasn't then arrested...Just chillin with an "extremely agitated, gun waving sex perp on the couch , who has already confessed and there is an unsecured gun in the room....oh and he is drinking.... waiting for backup. ummm what?

8 Q In terms of, and I’ll say, the kind of sequence of conversation that might have

9 happened, you say what was going on, or whatever the actual words are, and when in

10 time does he reply that he stripped her naked to teach her a lesson?

11 A Directly after I asked that.

13 Q You said he seemed intoxicated. Could you tell by what?

14 A I did observe Mr. Harms to have very glossy eyes and slurred speech when he was

15 talking to me.

17 Q What did that indicate to you?

18 A That there had been some level of alcohol consumption. Mr. Harms was also drinking

19 a beer when I came downstairs.

Yet he doesn't cuff me but chills on the couch ...chillin with the sex perp who's now drunk, unsecured alleged gun....yeah you get the point. Carry on Dudley.

21 Q Was there any conversation before you say what was going on?

22 A Other than me asking him to throw the gun, no.

24 Q What tone of voice are you speaking in now that you’re saying, what’s going on, or

25 what was going on?

26 A I was trying to calm Mr. Harms down. He was very agitated. So I was speaking to

27 him not unlike I’m speaking right now.

If I was ever siting ( and I personally wouldn't be unless I'm completely lying my ass off) with a gun waving , drunk pervert who is clearly ( one would think ,off his rocker) who has confessed....fuck I'd have that asshole at gun point on the ground and put him in cuffs. I also imagine if this were to have occurred, a police officer of 6.5 years would do the same! but nope, just chillin with the diddler on the couch, waiting for the backup to arrive, his weapon secured and my alleged weapon just feet away.

29 Q And what was going through your mind when you asked the question, what was going

30 on?

31 A Well, at this point I’ve entered into an investigation obviously of a sexual assault, and

32 I was trying to -- I didn’t get a whole lot of information from -- from Angel Roberts.

33 She was very hysterical, crying. I was trying to figure out what had happened there.

35 Q Did you know or have any idea of what involvement Mr. Harms had in that

36 investigation when you asked the question, what was going on?

37 A Yeah. Well, the original statement from -- from Angel Roberts was that Mr. Harms

38 was involved with throwing her on the bed and stripping her clothes off.

40 Q And so then what was your purpose in asking the question?

41 A Like I said, Angel was extremely upset and I didn’t get a whole lot of information

1 from her, other than the fact that he had stripped her clothes off. I was trying to

2 figure out why I was there, what was going on.

4 Q What did you do after -- or what happened after you received the response that he

5 stripped her naked to teach her a lesson?

6 A At that point I realized that I had grounds to arrest Mr. Harms and that obviously

7 something had happened there that day.

Okay Dudley do right, you said it. You had grounds to arrest why then didn't you?

9 Q So then what did you do after making that determination?

10 A I talked to -- I made basically small talk with Mr. Harms until my backup got there,

11 and then I was able to place Mr. Harms under arrest.

I see ... what kind of small talk? "say did you catch that last super bowl, fucking green bay huh Joe?, you don't mind if I call you Joe do you? So what else is up in your life?" Fuckin retard, you think people will actually buy this shit? And just how the hell do you think its "Calming to accuse a man of rape"?

13 Q In that small talk did you talk about the investigation?

14 A No, I recall talking to Mr. Harms about the problems that he was having with Angel in

15 the past. But after the original statement from Mr. Harms, we talked about past

16 problems with -- with Angel, not what had happened that day.

I guess this was the small talk? Take a break and watch this called "the origins of small talk", Is this what he meant? The 3rd guy to show up must be Corporal Dozios.https://youtu.be/8561sf6Bg7s

18 Q Okay. And then what happens after your backup arrives?

19 A I advised Corporal Dozois of the situation when he came downstairs, and I advised

20 Mr. Harms he was under arrest. I handcuffed Mr. Harms, took him out to my

21 patrol vehicle, and read Mr. Harms his rights verbatim.

Okay, except Dozios testifies" that for nearly 15 plus minutes we talked and he then arrested me"

23 Q Did you advise Mr. Harms what he was under arrest for?

24 A I did, yes.

26 Q And what did you say?

27 A Sexual assault.

29 Q What time did that arrest take place? So this is the arrest, I believe, when you’re

30 still in the house, if that’s --

31 A Yes, you bet. I’m just referring to my notes here. The verbatim arrest was at 1818

32 hours.

Weird, Dozios testified he didn't show up till 6:15, arrested me at 6:30 ish, Now you say ( from your notes I might add) That " I handcuffed Mr. Harms, took him out to my patrol vehicle, and read Mr. Harms his rights verbatim" and that "verbatim arrest was at 1818" or 6:18

34 Q And so the verbatim arrest, then, is -- where does that take place?

35 A That’s in my police vehicle in front of the house. So it would have been

36 approximately two minutes before that when I advised Mr. Harms originally he was

37 under arrest for sexual assault. Handcuffed Mr. Harms, escorted him out of the

38 house to my patrol vehicle, and then was able to do the rights and caution verbatim.

yeah, makes absolute sense to me. a cop of 6.5 years, requests backup for gun play, drunk gun wielding rape suspect, highly agitated and your partner comes down, no guns drawn, you just tell him what's up and throw the cuffs on....such as a true Dudley do right would do. Come on man!

40 Q So if you can indicate what exactly did you say when you were in the vehicle, the

41 rights and caution that you gave?

1 A Yeah. I advised Mr. Harms that I was arresting him for sexual assault. I told -- I

2 read 10(b) verbatim to Mr. Harms.

4 Q You’re pointing to something that’s in your hand right now.

5 A It’s my rights and charter card.

7 Q Okay. Is that the same card that you used at this investigation?

8 A It is.

10 Q If you can please read what you read to the accused:

11 A :

13 "You have the right to retain and instruct a lawyer without delay.

We already heard how that worked out from the testimony of Dozios and MC Donald.

14 This means that before we proceed in an investigation you may

15 call any lawyer you wish or a lawyer from a free legal advice

16 service immediately. If you want to call a lawyer from a free

I thought you just testified that you already had entered into an" investigation"

17 legal advice service, we will provide you with a telephone and you

18 can call a toll-free number for immediate legal advice. If you

19 wish to contact any other lawyer, a telephone and telephone book

20 will be provided to you. If you are charged an offence, you may

I thought You just testified " I advised Mr. Harms that I was arresting him for sexual assault. I told -- I read 10(b) verbatim to Mr. Harms."

21 apply to legal aid for assistance. Do you understand."

Wow! a moment of truth ! He did read me my rights when I was arrested but I was never told for what until I got to the station. I would have come unglued had I of known as would any man. Additionally your own charter right you read mean nothing clearly because Depending on whose testimony you listen to, say like MC Donald's where he never had "auto correct for time and placed it at 1:30 plus in the morning"!

23 Q Did you receive a response when you said that?

24 A I did, yes. Mr. Harms stated, nope, I don’t understand any of this shit. You’re an

25 asshole.

27 Q What did you do from there?

28 A I asked Mr. Harms if he would like to call a free lawyer or any other lawyer.

30 Q Did you receive a response to that?

31 A I did, yeah. Mr. Harms’ response was, fuck, yeah, I want to call a lawyer.

Yup, sounds like me...wow two truthful statements in a row ! I had no clue what the fuck was going on and I was very preoccupied with being cuffed with one set of cuffs, in pain from my back, pissed that they removed my back brace after I was cuffed and equally choked that after I was cuffed Dozois threatened me " I ought to just shoot you right in the fucking head" as he pushed his pointer finger into my forehead. So yeah, your fucking right I wanted my lawyer! And once again, depending on the testimonies that RIGHT was violated for up to 7 and a half hours! Personally I believe it to be much longer.

33 Q Continue on with what happened from there.

34 A At 1824 hours, still in my police motor vehicle, I read the police caution to

35 Mr. Harms.

37 Q And what is that, if you can read it to us.

38 A Sure:

40 "You will be charged with sexual assault. Do you wish to say

41 anything? You are not obliged to say anything unless you wish

1 to do so, but whatever you say may be given in evidence."

3 Q Did you receive a response to that?

4 A I did not, no.

Cause that never happened Dudley!

6 Q Continue on with what happened.

7 A I then transported Mr. Harms back to the Athabasca RCMP detachment.

9 Q In this period of time in your police vehicle, when you are reading the rights and

10 caution, what is Mr. Harms’ attitude or demeanour when he is speaking with you?

11 A Very upset with me. I do recall Mr. Harms was yelling at me and extremely mad

12 that during me escorting him out of the house his cat had gotten outside and he

13 seemed much more concerned that the cat was outside than anything else at the time.

Wouldn't that show I'm a sensitive person , clearly not a monster and clearly not knowing what the fuck was really going on? And oh yeah the back injury coupled with leaving in a sweltering vehicle on an incredibly hot day for a long time!

15 Q And you’ve indicated that at least at one point Mr. Harms says to you that he does not

16 understand. You asked him if he understood, I believe, what the arrest was about

17 and he says he does not understand?

18 A Yes.

Need I say more?

20 Q Did that raise any concerns with you?

21 A I believed at the time, given Mr. Harms demeanour, that he was being difficult with

22 me. He was very upset, yelling at me, calling me names.

I'm in pain asshole, you removed my back brace and cuffed me with one set of cuffs while I had a huge chest and 20 plus inch arms and could never get my hands together behind my back if my life depended on it, let alone with a back injury . Not to mention I clearly did not know what was really happening.

24 Q Did it raise any concerns about his understanding of what was happening?

25 A I believe Mr. Harms was understanding what was happening. I just think he was

26 upset with me and being difficult with me. When I asked Mr. Harms if he wanted to

27 call a lawyer, he had no issue understanding that.

Unbelievable! So why didn't you let me?

29 Q And what is your own tone of voice and demeanour when you are reading the rights

30 and charter and caution?

31 A Like I am right now, calm.

33 Q Continue on with what happened.

34 A I’m just referring to my notes for this. I say we transported -- I transported

35 Mr. Harms back to the detachment. Took him inside the detachment. Mr. Harms --

36 at the time I was instructed by Corporal Dozois that Mr. Harms should stay in

37 handcuffs during this time as we were going to try to get DNA evidence from his

38 fingers at the time in order to preserve the evidence. So he was left in handcuffs.

Yes, please refer to the notes that were completely different from your arrest report, the notes you had all this time and never turned over to the crown, the notes that in fact were never sealed into evidence even at my trial.....incredible!.

40 Mr. Harms did make a statement to me at the detachment at 1905, while he was in the

41 interview room just waiting for another member to come and take the fingernail

1 clippings. Mr. Harms stated to me, I don’t give a fuck. I’ll plead guilty to this. I

2 don’t know what else to do. Yeah, I ripped off her pants to teach her a lesson.

Really!Weird how there is absolutely no video surveillance tapes from the police station.... but lets let him go because this selective memory / notes goes even more stupid. It is also additionally ironic that not a single other cop says I state this but once again, no one else was around right. We should roll back all those video cameras you have at the station, interview rooms, cells. Oh yeah, nearly forgot, there isn't a single one! They all must not have been working or something.

4 Q Prior to that statement being made, was there any other interaction or any interaction

5 by any other officers with Mr. Harms?

6 A No. We were still waiting for the other two members that came in. This just

7 happened to be a shift changeover, so two more members were coming in at that time.

8 And those two members were the ones that assisted in taking the finger clippings, but

9 up until this point, to the best of my recollection, there was no other.

No interactions? he says they were there, in their testimony they say they were there and they also say that i just kept making statements against myself in the third person, but no one knows what we are talking about...I'm just making random statements. Sound a little far fetched to you?

11 Q Had Corporal Dozois had any direct interaction with Mr. Harms in your presence?

12 A Yes, Corporal Dozois was there, and I’m sorry I can’t recall if he was there while the

13 statement was made by Mr. Harms, but I do know that he was in the detachment

14 assisting as the supervisor with the investigation.

Woe, he was or was not there, thought you were taking notes? thought you were reading from notes? And I thought you just testified that "no one was there".

16 Q Even in the time leading up to going to the detachment, had Corporal Dozois had any

17 direct interaction with the accused in your presence?

18 A Yes. He attended the residence, came downstairs, and assisted me with the arrest of

19 Mr. Harms.

21 Q What assistance did he provide? What did he specifically do or say?

22 A I quickly explained to Corporal Dozois what had happened when he got there. I

23 wasn’t able to provide any updates as he was en route to back me up. Obviously I

24 was dealing with Mr. Harms and an insecure firearm. So he was -- he didn’t know

25 why -- what was going on or why he was there, so I quickly explained to him what

26 had happened. And he advised that we would be arresting Mr. Harms for sex

27 assault. And I did that at that time. I escorted Mr. Harms out to my patrol

28 vehicle and that was the last of the dealings between Corporal Dozois and Mr. Harms

29 until we got back to the office.

Excellent Dudley! You are saying that you informed your partner "what was going on and advised that we would be arresting Mr. Harms for sex assault" yet Dozios testimony is very different as is his timeline. Dozios also testified under oath that after the initial contact in the basement," he had no further contact with me" and you say "I escorted Mr.Harms out to my patrol car and that was the last of the dealings between Corporal Dozios and Mr Harms UNTIL WE GOT BACK TO THE STATION!"

31 Q How did Corporal Dozois appear to be demeanour-wise when interacting with

32 Mr. Harms?

33 A Like I said, the interaction was very brief between the two and it was calm.

"Like I said, the interaction was very brief between the two AND IT WAS CALM"Everyone is happy happy and calm....gun play, drunk rapist, unsecured weapon, holstered police weapons, chillin on the couch with a rape hound who's drunk and extremely agitated and confessed, making small talk. ....so yeah,' I just gave the low down to my partner that we would be arresting harms for child molestation and he just went away real peaceful'.

35 Q What happens after 1905 when he again says that he ripped her pants off to teach her

36 a lesson?

So wait, are you admitting that even though I was arrested 6:30 ish! then that it took 35 minutes to get to the detachment that was 5 minutes away?

37 A After that Constable McDonald and Constable Parker attended and were instructed by

38 Corporal Dozois to take the nail clippings from Mr. Harms.

40 Q Were you present when they were instructed to do that or is that just something that

41 you are inferring happened?

1 A I was there when they were instructed to do that, yes.

3 Q And where did that instruction take place?

4 A In the back, I guess, secure area of the detachment, outside of the interview room

5 where that actually happened.

7 Q So then what happens after the two other officers arrive?

8 A They went into the interview room with Mr. Harms to -- and began taking the

9 fingernail clippings from Mr. Harms.

11 Q Were you present at that time?

12 A I was outside the door, the door was open, and, yes, I was present.

14 Q What did you observe to happen?

15 A They were -- the two members were taking the fingernail clippings, and at 1910 hours

16 I heard Mr. Harms say, Larry, you should have said, I’ll kick the child molesters ass.

This guy is remarkable in a real bad way, even the other cops record no such comments

18 Q Did you hear any response from -- or was Larry there?

19 A Larry, I referred to Larry as Constable McDonald, so, yes, he was there. And

20 Constable McDonald stated to Mr. Harms, I don’t do that.

22 Q What was Constable McDonald’s demeanour when he said that?

23 A Calm.

25 Q And how about the accused when he said, Larry should have said, I’ll kick the child

26 molester’s ass?

27 A During that whole entire time Mr. Harms was up and down. He became angry at

28 times. Other times he was semi-cooperative, calm. He was kind of up and down

29 during the whole process.

Where are all the tapes from the video cameras? Why does Larry MC Donald not even say this?

31 Q What happens from there?

32 A The fingernail clippings were received by the two members and packaged as exhibits.

33 I’m referring to my notes. Harms stated to me before I -- when I went in there to

34 take the handcuffs off as we had seized the fingernail clippings, that he was at his

35 wit’s end and on medication and not thinking properly.

37 Q How did -- to your knowledge and observation, how did that comment come about?

38 A I don’t recall what was -- what was said. I just recall Mr. Harms saying that. And

39 that was actually while the -- while Constable McDonald and Constable Parker were

40 doing the fingernail clippings, to the best of my recollection.

So now he claims they removed the cuffs. He also claims that I made additional comments and that Parker and MC Donald were there, yet they themselves say nothing of it.

1 Q Did you have any indication of what that medication Mr. Harms referred to may have

2 been?

3 A I don’t recall, no.

So you claim I needed medication but "don't recall,no"

5 Q Continue on with what happened.

6 A Once the fingernail clippings were seized I was able to take Mr. Harms out of his

7 handcuffs and give him the opportunity to use the telephone.

Wait a minute, woe buddy. Didn't you just say " Harms stated to me before I -- when I went in there to take the handcuffs off as we had seized the fingernail clippings, that he was at his wit’s end and on medication and not thinking properly. How did -- to your knowledge and observation, how did that comment come about? I don’t recall what was -- what was said. I just recall Mr. Harms saying that. And that was actually while the -- while Constable McDonald and Constable Parker were doing the fingernail clippings, to the best of my recollection." So I was in cuffs, not in cuffs?

9 Q So what time did that happen that you gave him that opportunity?

10 A Just referring to my notes here, the first time I allowed Mr. Harms to use the phone

11 was at 1950 hours.

13 THECOURT: 1950,5-0.

15 A Yes, sir.

17 THECOURT: Thankyou.

19 Q MS. JOYCE: From the time you first indicated to Mr. Harms he had a right

20 to call a lawyer and get advice until 1950, was there any conversation between the two

21 of you about contacting a lawyer?

22 A No. He initially said to me, when I read him his rights and caution, that he indicated

23 he didn’t want to talk to a lawyer,

WAIT right there, Once again you testified that when you read me my rights and asked if I wanted to contact a lawyer you said that I said " I asked Mr. Harms if he would like to call a free lawyer or any other lawyer. Did you receive a response to that? I did, yeah. Mr. Harms’ response was, fuck, yeah, I want to call a lawyer."

and I just advised Mr. Harms when we got back to

24 the detachment that he would have the right to contact a lawyer. He would be able to

25 do that as soon as we were able to take the fingernail clippings as he was -- we were

26 trying to preserve potential evidence.

28 Q What did that mean to you where Mr. Harms says that he wants to contact a lawyer

29 after being given his right or his information to do -- he has a right to do so, where

30 you have this kind of extended period of time where he is not permitted to do so.

31 What did that mean to you about your own obligations?

32 A I knew that it was mandatory to give Mr. Harms the opportunity to contact a lawyer as

33 soon as possible, and I feel that we did do that. In order to preserve potential

34 evidence Mr. Harms wasn’t able to use the phone while handcuffed behind his back.

35 So until we got his fingernail clippings Mr. Harms wasn’t allowed to use the phone

36 obviously. He was handcuffed behind his back.

Seriously, is there an I.Q test to become an R.C.M.P? This nut job is all over the place contradicting himself. I personally don't see how they can give him a gun.

I asked Mr. Harms if he would like to call a free lawyer or any other lawyer.

30 Q Did you receive a response to that?

31 A I did, yeah. Mr. Harms’ response was, fuck, yeah, I want to call a lawyer.

Moron you just said "22 A No. He initially said to me, when I read him his rights and caution, that he indicated he didn't want to talk to a lawyer" Which is it?

38 As soon as those fingernail clippings were taken, Mr. Harms was immediately escorted

39 to the phone.

41 Q Did that extended period of time have any meaning to you about what you were

1 allowed to do to elicit evidence from Mr. Harms?

2 A No. We were instructed by the supervisor that were on scene, Corporal Dozois, to

3 leave Mr. Harms in handcuffs until we were able to get these.

No meaning at all huh? There was no elicited evidence, he just made it up.

5 Q What happens after 1950 when you allow him the opportunity to contact counsel?

6 A At 1951 Mr. Harms knocked on the door and asked me how to use the phone. I

7 explained to Mr. Harms how to use the phone, to dial 9 first and close the door, and

8 put him back in the phone room -- I should say left him in the phone room.

Yes you "should say".

10 Q And what happened from there?

11 A Just referring to my notes here. At 1958 Mr. Harms came out of the phone room

12 and stated he did not want to call a lawyer. I then read Mr. Harms a waiver to rights,

13 and he replied, no, that he did not want to waive his rights.

15 Q What -- what do you call a waiver to rights? What did you read?

16 A I read Mr. Harms:

18 "You have the right to a reasonable opportunity to contact a

19 lawyer. I’m obliged not to take a statement from you or ask you

20 to participate in any process that might provide evidence against

21 you until you are certain about whether you want to exercise this

22 right. Do you understand? Do you want to waive your right to

23 contact a lawyer."

What! " I’m obliged not to take a statement from you or ask you to participate in any process that might provide evidence against you" Didn't you arrest me?, Didn't you interview me? Didn't you take my DNA?

25 Mr. Harms replied that he did not want to waive his right to contact a lawyer. At

26 that point in time I put Mr. Harms back in the phone room to again attempt to contact

27 a lawyer.

29 Q And then what happened?

30 A Approximately one minute later Mr. Harms came out of the phone room and stated to

31 me, just put me in a fucking cell. I then placed Mr. Harms in the cell.

33 Q Did you have any interaction with Mr. Harms after you placed him in the cell?

34 A Yeah. I attempted to take a statement from Mr. Harms regarding --

36 Q When did that occur?

37 A It was the same day. It was sometime later. I’m sorry. I don’t have -- I don’t

38 have my -- in my notes what time the statement, sorry.

BINGO!,HOT DOG asshole! you attempted to take a statement? why are you stammering, you got your notes, why didn't you record the time? why is there no video? surely if you interview a confessing sex predator you'd want to get it on tape!.Which would indicate that it never happened.

40 Q Were you on the same shift that you had been?

41 A I was, yes.

2 Q And what were the hours of that shift?

3 A During that day my shift was 3:00 p.m. to midnight.

5 Q So at some point, then, on that shift you attempt to talk to Mr. Harms?

6 A Yes.

8 Q So what happens?

9 A I brought Mr. Harms into the secure interview room and began reading the caution

10 sheet that we have to take caution statements. Mr. Harms refused to answer any of

11 the questions on the caution sheet, and the statement wasn’t taken of Mr. Harms. I

12 escorted him back to his cell.

And let me guess, you don't record these interviews right?...Oh yeah Dudley you guys destroyed them! Yet Corporal Dozios states In his general report and verbally to the J.P that " I instructed Constable Folk to conduct a cautioned statement with MR.Harms. Harms became agitated to the point that the interview was to be concluded. However he admitted to tearing all her clothes off" Say where are those tapes?

14 Q What was his manner or demeanour during that period of time?

15 A Mr. Harms was still very up and down. He was calm at some points; other points he

16 would be enraged, start yelling, screaming at me to put him back in his cell, that he

17 wasn’t going to talk to me.

19 Q What time did the call through telecoms come in to you, this initial complaint?

20 A Just referring to my notes. Approximately 1724 hours.

22 Q And what time do you arrive at the residence?

23 A Like I said, it took me less than five minutes to attend, so I would say somewhere

24 approximately 1729 hours.

26 Q And then I think you’ve already indicated you spend about one to two minutes with

27 Angel?

28 A Yes.

30 Q And then about how long from that period of time until you begin going down the

31 stairs to look for Mr. Harms?

32 A I spent approximately one minute talking to Angel before her mother, Samantha, came

33 home, and then I spent some more time talking to Samantha trying to gather more

34 knowledge about what was going on. Samantha had just returned home from work

35 and she didn’t know what was going on either.

False! see statements!

37 Samantha was trying to ask Angel what had happened, and, like I said, Angel was

38 very upset, crying hysterically. Neither one of us could get much information out of

39 her at that time. I probably spent another maybe close to ten minutes talking to

40 Samantha trying to figure out what was going on before I went downstairs.

OHHH snap, left that out! but just remembered ( note to self pay attention) now he talked to her mom for ABOUT 10 minutes, seems to me someone is doing a little damage control.

1 Q Are you able to give a time of when -- while downstairs you ask Mr. Harms what

2 happened? Do you have that -- are you able to give a time that that occurred?

3 A I’m sorry. I don’t understand.

You don't understand cause you know you just changed your fucking testimony from bullshit to horse shit and you're buying time....I think you should refer to your notes...oh wait, you were.

5 Q Probably because I asked it very awkwardly. So at some point in time you ask

6 Mr. Harms what happened when you were both downstairs on the couch. Are you

7 able to tell the court what time that question happened?

8 A I don’t have exactly what time that statement was made. The arrest was made at --

9 the charter and caution, I’m sorry, were read at 1818 hours and that’s when we were

10 already out of the residence. So it would have been basically sometime between

11 1735 and 1810.

Snap! she fucked him all right up, can no longer distinguish what the story is.

13 Q That is about half an hour or a little longer; does that sound right?

14 A Yes.

"here let me guide you moron, "does that sound about right?"

16 Q What is happening during that half an hour?

17 A I was downstairs with Mr. Harms talking to him about, like I said, the trouble that he’s

18 been having in the past with -- with Angel. And I’m just waiting for my backup to

19 attend.

21 Q Other than asking what happened, did you have any other specific questions that you

22 made to Mr. Harms?

23 A Not that I recall, no.

According to you we were" making small talk" .

25 Q And I guess, to be clear, from my own asking of the question, I’m referring to at any

26 point in time when you are speaking to Mr. Harms. Did you have any other specific

27 questions of him?

28 A No, I didn’t -- not that I recall did I ask any specific questions of Mr. Harms.

30 Q Was there any reason why you did not -- when I say "arrest", I’m at this point

31 referring to the kind of more informal words of arrest that occurred down in the

32 basement -- why you did not do that sooner?

Yes there was no arrest because it's all false.

33 A Yes, I felt that it was an officer safety issue. I was downstairs by myself with

34 Mr. Harms. He was very agitated, very upset. There was an insecure at the time.

35 I was told by Mr. Harms that it was a BB gun; I was not able, obviously, to verify

36 that. I -- other than being told it was a BB gun I had no reason to believe it was.

38 The firearm was laying probably approximately 10 to 15 feet away from us. I just

39 thought it was an officer safety issue to try to initiate an arrest at that time. Had

40 Mr. Harms become aggressive with me in any form we would have had a bigger

41 situation than we had. I thought it was best, say for Mr. Harms and myself, to wait

1 until my backup attended.

So what does he do? holsters his weapon and plops down on the couch with a rapist...sorry "highly agitated ,drunk gun waving , alleged self confessed rapist and then make small talk but before, that to calm me he asks if I sexually assaulted my 14 year old stepdaughter" with an alleged unsecured gun just feet away because "officer safety and all " They teach that tactic at the academy?

3 Q Throughout any of your interactions with Mr. Harms did he make any requests of you?

4 A I do recall he made quite a few requests while we were in the vehicle parked in front

5 of the house -- I was reading him the 10(a), 10(b) -- for me to go put the cat back

6 inside the house.

8 Q Did that happen?

9 A No.

Back to the cat, are you kidding?

11 Q Were there any other instances when Mr. Harms made a request of you to do

12 something or give him something?

13 A Not that I recall, no. He did ask me -- when he came out of the phone room, he

14 demanded that I put him in a cell.

16 Q Through your interactions with Mr. Harms, at any point did you offer him anything?

17 A No.

19 Q And at any point other than what you’ve already mentioned of removing your side arm

20 and having pointed it down at the ground, at any point did you do anything with any

21 of the other items on your utility belt?

22 A My handcuffs. I used them to detain Mr. Harms.

24 Q Was there at any point anything said by you or said in your presence to Mr. Harms

25 about any threats --

26 A No.

28 Q -- of what would happen if he did not -- did or did not speak to you?

29 A No, not at all.

31 Q You’ve given some, I’ll say, verbatim indications of things that Mr. Harms said to

32 you.

33 A Yes.

35 Q If you can, though, provide detail about how those comments come to be made,

36 because we’re talking about a large span of time here.

See even the crown has doubt, thus in the future she will force an acquittal.

37 A Yes.

39 Q And if you can tell how it led up to -- we’ll talk first about the indication -- sorry --

40 not while you were downstairs that he took the pants off Angel Roberts, but when you

41 are later in time speaking again and he says again that he removed her pants. What

1 was the lead-up to that comment?

2 A Just referring to my notes here. I’m sorry. You’re asking for what Mr. Harms

3 had -- what led up to the statements by Mr. Harms?

5 Q Yes. So I’m referring to the statement made at 1905, I don’t give a fuck. I’ll plead

6 guilty to this. I don’t know -- didn’t know what else to do. Yeah, I ripped her pants

7 to teach her a lesson -- I ripped off her pants to teach her a lesson. What was the

8 lead-up in terms of conversation, if any, between the two of you to that comment

9 being made?

10 A I don’t recall exactly what the conversation entailed. I do remember that Mr. Harms

11 on a couple of these incidents where he said, for example, that he doesn’t give a fuck

12 and that he would plead guilty, Mr. Harms at different times made just random

13 statements to us.

The crown is talking about OUR conversation and testing him, where does this conversation or statement" to us" come into play? this is a man grasping to reconcile his testimony.

15 Q When you say "us", who are you talking about?

16 A I believe at that time there was Constable McDonald, Constable Parker, and myself.

Weird they don't mention it

18 Q What do you mean by "random"?

19 A Unprovoked statements to us. I recall at 1910 hours when Mr. Harms said, Larry,

20 you should have said, I’ll kick the child molester’s ass, at that time Constable

21 McDonald was just taking the fingernail clippings from Mr. Harms and that was just a

22 statement that Mr. Harms said.

Not according to Constable MC Donald or Parker

24 Q Did you observe any other officer to question Mr. Harms about the incident during any

25 of the period of time from the moment, I guess, Corporal Dozois arrives as the second

26 officer until the time when you do not get a statement from the accused, do not get a

27 formal statement?

28 A No.

Unfortunately for him he testified that no other officer had any dealings with myself and she brings to light that there was no formal statement from the accused, such as would be videotaped.

30 Q You’ve indicated that the accused was intoxicated, and I think you said by alcohol.

31 With that in mind and also the comment that had been made to you that he was under

32 medication, did you have any concerns about Mr. Harms’ understanding of what was

33 happening?

34 A No, I didn’t feel Mr. Harms was grossly intoxicated to the point where he didn’t

35 understand what was happening. It was obvious there was some kind of alcohol

36 consumption by Mr. Harms. I don’t think it was to a point where he didn’t know

37 what was happening.

39 Q In your capacity as an RCMP officer how often do you deal with people who are

40 under the influence of alcohol.

41 A I would say probably 80 per cent of my time I’m dealing with people that are impaired

1 in one way or another.

3 Q So in terms of, say, the course of two weeks of shifts, how often would you see

4 someone under the influence of alcohol?

5 A I’d say, on average, if we got ten calls in that two weeks, eight of them would involve

6 alcohol.

Yet Why was there never done an alcohol test?

8 Q I understand you’re actually in a remote posting at this point in Fort Chipewyan?

9 A I am, yes.

11 Q And your experience with dealing with that frequency of people under the influence of

12 alcohol, is that different in your posting now than it was at the time in Athabasca?

13 A No.

15 Q Do you know what happened to the firearm that the accused first had with him?

16 A From the best of my recollection I don’t think we seized that firearm. I’m sorry.

17 We did -- we did seize that firearm at the time. We seized it, brought it back to the

18 detachment. We determined that it was a BB gun, not an actual firearm, and as it had

19 no -- no charges were laid, I believe, against Mr. Harms for the firearm offences.

20 But it was disposed of at the detachment.

Let me ask you this, if there was an actual or false firearm pointed at a police officer to the point that he actually called for backup, do you think that it would not be preserved for evidence? why destroy it? unless something else is at play here.why was all the crime scene photo's destroyed? why was the DNA not tested yet we have the report and results? Why was there absolutely no video footage in the RCMP detachment? Why was there no video of the interview conducted of me?I'll tell you why, because they destroyed it as it all harmed their stories. Not a single piece of physical evidence ,video or breathalyzer, "an alleged gun" was introduced into evidence. doesn't that make anyone suspicious?

22 MS.JOYCE: Those are all the questions that I’m going to

23 ask you, but my friend may have some questions. Please answer those.

25 THECOURT: Ms.Hayes, I’m going to suggest that we have

26 the morning break --

28 MS.HAYES: Oh,sure.

30 THECOURT: -- at this stage. It’s 11:15, and then you’ll

31 have a clear path to do cross without any unnecessary breaks.

33 MS.HAYES: Yes.

35 THECOURT: At least until the lunch hour. Obviously,

36 Constable, don’t speak with anyone about your evidence during the break. Thank

37 you. 11:30.

39 THE COURT CLERK: Order in court.

41 (ADJOURNMENT)

2 THE COURT CLERK: Order in court.

4 THE COURT: Thank you. Please be seated. Come on

5 forward.

7 THE COURT CLERK: Mr. Folk, do you acknowledge that you are still

8 under oath?

10 A Yes.

I wonder what his version of "oath is"

12 THE COURT CLERK: Thank you.

14 Ms. Hayes Cross-examines the Witness (Voir Dire)

16 Q MS. HAYES: So I want to take you back to the time when you are now

17 down in the basement with Mr. Harms. You would agree with me that when you

18 walked in, you walked down the stairs and you were satisfied that the gun was out of

19 the way. You holstered your own weapon. You -- yes?

20 A Yes.

22 Q You were no longer concerned that you were going to need your side arm at this

23 point?

24 A At the time, yes.

WHY?

26 Q Now, when you stood in between Mr. Harms and the weapon, how long would you

27 say you stood there?

28 A Five minutes.

30 Q So you were standing for about five minutes’ time?

31 A Yes.

I berate my attorney for her youth and inexperience but this is a great point as she introduces constable folk into his lies, brings to light his formal and original report that he stayed between him and I standing between the gun until backup arrived and that he didn't take a seat on the couch. And earlier that day in his examination in chief he even said it.

33 Q And you don’t have a recollection, correct, of what you said to him or what he said to

34 you during that time?

35 A I’m just going to refer to my notes. I asked -- I asked Mr. Harms what was going

36 on and that’s when Mr. Harms stated to me that he stripped her naked to teach her a

37 lesson because she’s a whore.

39 Q Now, perhaps I misunderstood your examination in chief. I thought it was that

40 you had asked that of her when -- or asked that of him when you were already sitting

41 on the couch. This is something that you discussed on the couch.

1 A Yeah, it was when I came downstairs to the basement and I was standing between him

2 and the gun, that’s when he said that and after that I had sat on the edge of the couch.

Seriously? this is now cross examination!

4 Q So before you were dispatched at 17- -- well, when you’re initially dispatched at 1724

5 hours, you initially tell Constable -- and I’m going to say his name wrong. Can you

6 say it for me one more time?

7 A Corporal Dozois.

9 Q Corporal Dozois. So you tell Corporal Dozois that he does not need to attend with

10 you. You know this family and you’re fine going on your own; correct?

11 A Yes.

13 Q And you knew this family because there had been problems with Angel, the

14 complainant?

15 A I had been to the residence a couple times, yes.

17 Q Because there had been some problems with Angel?

18 A There were some problems at the residence, yeah.

With My step kid

20 Q And you were aware at the time you were dispatched that this was an allegation of

21 sexual assault?

22 A I was -- it was a 911 hang-up call from a residence of a female saying she was

23 molested, yes.

25 Q And that’s something that you would normally take pretty seriously?

26 A Yes.

28 Q In this case, because of the house it was coming from, you were not really satisfied

29 that this was something that would require two officers?

30 A I had no indication that the subject of complaint was at the residence or that it was

31 happening at the time I was dispatched.

How in the hell does his comment make any sense?

33 Q So there was a lot of stuff you didn’t know going in?

34 A Yes.

36 Q What you did know, though, was that the reporter -- or you suspected that the reporter

37 was Angel?

38 A I suspected.

40 Q And in light of that you were confident that you could handle this on your own?

41 A At the time, yes.

Really? care to elaborate?.

2 Q Now, when you came around the corner and observed Mr. Harms with the gun, at that

3 point you know -- knew that this was pretty serious?

4 A Yes.

6 Q And you knew at that point that charges were likely going to be laid?

7 A At that point I still -- like I said, the information I got from Angel was she was very

8 hysterical, crying, upset. At that point I knew, yes, likely there would be some

9 charges laid.

11 Q Particularly in light of the fact that there’s now someone waving a firearm around an

12 officer.

13 A Yeah.

15 Q At the very least there was going to be firearm offences laid in your mind?

16 A Absolutely.

18 Q So you intended at that point, at some point to arrest Mr. Harms, whether it be for

19 sexual assault or firearms offences. You knew you were going to arrest him?

20 A Yes, obviously there were some infractions there, yes.

Then why didn't you if it's the way you said it was?

22 Q So then you moved down the stairs, firearm is tossed aside. Yours is put away, and

23 you had indicated you’re standing about how many feet from him?

24 A At the time I would say 5 to 7 feet from him.

26 Q And at this point, knowing that you intended to arrest him, you didn’t see it prudent to

27 provide him with his section 10(b) rights?

28 A Mr. Harms was extremely upset, in my mind, unpredictable at the time. I just came

29 upon a situation where somebody had a gun and he was waving it around telling me

30 not come downstairs. At that point I thought officer safety was -- was more

31 important than making an arrest at that time. We were in a basement with one

32 way out and still an insecure firearm laying on the floor that I wasn’t able to turn my

33 back to Mr. Harms to go secure that firearm properly. At that time I thought for

34 my own safety as well as Mr. Harms it was best for me to try to diffuse the situation

35 until my backup got there.

Exactly my point by your statement Dudley, Officers safety. if you were actually afraid, I am sure your police training would have kicked in. I myself would never be left alone with a "drunk, gun waving, extremely agitated sexual predator who has you say has admitted self guilt or confession, you sir are a fucking liar and your instinct would never allowed you to do that ,nor your training.

37 Q Well, let’s be fair here. You weren’t so concerned about the gun that you left your

38 side arm out; right?

39 A No. Obviously the gun is still a concern; however, I felt that if now that Mr. Harms

40 had thrown the gun to the corner, if for some reason Mr. Harms had become violent or

41 went towards the gun again, I would have to restrain Mr. Harms, and I did not want to

1 do that with my gun in my hand.

Unbelievable, I personally would have cuffed the son of a bitch no matter how or what....not engage in "small talk" seriously?

3 Q But certainly the situation had deescalated to the point where you felt comfortable

4 putting your gun away?

5 A I wouldn’t say comfortable, but I felt it necessary to put my gun away, yes.

7 Q Do you generally find when you confront people with sexual assault allegations that

8 deescalates a situation?

9 A I’m sorry. I’m not sure what you’re asking me.

Ahh stuck on stupid...If you were actually in danger, thought was real what wasn't, put your gun away.Officers safety and all...do you really accuse that which you're trying to defuse of being a monster?

11 Q Well, certainly you have experience interacting with accused people?

12 A Yes.

14 Q When you tell someone they’re accused of molesting a child, does that usually

15 deescalate the situation? Do people get calmer when that happens?

16 A No.

What's that....NO?

18 Q So if your focus was truly to deescalate the situation, it would probably be best to talk

19 about something else entirely; correct?

20 A Yes.

Thinking back if it actually happened that way right Folk?

22 Q So if your focus is really on calming Mr. Harms down, getting him to talk about the

23 incident, in hindsight, probably wasn’t a very good idea?

24 A Once I realized that there had been an incident and Mr. Harms stated what he stated to

25 me, we didn’t continue to talk about that incident.

Why don't you just say you're stupid? Really, did you listen to the question? exactly why I went live jury, people, places and things like a noun moron, you guys couldn't hold your stop and pause kangaroo court anymore.

27 Q Now, before you talked to him, though, you had a pretty good idea that there was a

28 serious sexual assault that had taken place?

29 A I wouldn’t say I had a good idea there was a serious sexual assault. I had what

Seriously! what is the difference between a sexual assault and "serious sexual assault"?, stammering again and you're starting to realize why there was a forced acquittal?.

30 Angel Roberts had told me, and at best, that was -- not a whole lot of information was

31 obtained from her.

33 Q Well, you had a young lady tell you that her dad put his hands down her pants.

34 That’s pretty serious; no?

35 A Yeah.

37 Q So you knew that going downstairs?

38 A (No audible response).

Seriously! this is where court transcripts start to be altered... and I dare you to produce the audio!let me guess, that got lost or destroyed too!!!!

40 THECOURT: I’m sorry. I’m not sure it recorded an

41 answer.

Of course it didn't!

2 MS. HAYES: Sorry.

So what happened here or rather what was said?

4 A Yes.

6 THE COURT: Yes. All right. Thank you.

8 Q MS. HAYES: And one of the first things you did when you went down the

9 stairs, before you even spoke to Mr. Harms, was that you called for backup. You

10 called the corporal as well; right?

11 A No, not before I went downstairs, no. Once I put my head around the corner and

12 saw Mr. Harms had a firearm, I radioed immediately for backup.

14 Q And again, that was because you had intended to arrest and you wanted backup for the

15 purpose of an arrest?

16 A I mean, whether I’m going to arrest or not, if I walk into a basement and somebody’s

17 got a firearm, I’m going to call for backup. That’s pretty standard.

Pretty standard to holster your sidearm and plop down on the couch beside the one that just threatened you, with an unsecured firearm in the room, with one way out?

19 Q You’ve mentioned today some indicia of impairment that you noted on Mr. Harms.

20 Specifically I think you indicated glossy eyes and slurred speech while talking?

21 A Yes.

23 Q You would agree with me that this is not something that you ever made reference to in

24 your notes?

25 A Yes.

27 Q You made -- you made reference to it in your notes or you --

28 A No, I didn’t. I’m agreeing with you.

So this is something new, not shared with the defense or crown? I was under the impression that he was reading from his notes and those notes we have and this is precisely why they should have been seized into evidence.

30 Q Okay.

31 A Yeah.

33 Q So this is just something that you remember today. Looking back those are things

34 that you can sort of remember?

I thought he had his notes? After 29 months

35 A Right. I did make notes that Mr. Harms was consuming a beer as I came downstairs.

37 Q Certainly once Mr. Harms had made this statement to you about the tearing off of the

38 clothes, you weren’t particularly concerned about officer safety at that point; correct?

39 A While I was in the basement? Absolutely I was, yes.

41 Q In your line of work there’s lots of training with respect to, like, tactical stances and

1 things to that effect; right? And one of the things they do is probably teach you

2 things like wider stances are better in case there’s an aggressor, stuff like that?

3 A Yeah.

5 Q Yes? You would agree with me that if you were worried about someone being

6 aggressive or coming at you, you’re not going to sit next to them on the couch?

Like I was saying.

7 A Well, like I said, I was trying to kind of diffuse the situation and keep him calm until

8 my backup got there, and I felt at that time bringing myself down to where he was.

And then you defuse by accusing sexual assault?

11 Q So he was pretty calm by this point. It was just you didn’t want to escalate it any

12 further?

13 A It was up and down. He was calm and then he would get very upset and then calm

14 again and upset.

16 Q I just want to clarify the timeline with respect to sort of when you arrive at the police

17 station. You read the police caution at 1824 hours; correct?

18 A I’m just going to refer to my notes.

20 Q Sure.

21 A Yes, 1824, yeah.

23 Q And it was immediately after that that you headed back to the police station?

24 A Yeah, it was -- we -- it wasn’t immediately after. We were still at the residence.

25 Corporal Dozois was making arrangements to have Angel Roberts and her mom attend

26 the detachment.

28 Q Okay.

29 A And so we were parked in front of the residence for maybe five to ten minutes. I

30 was also making some notes, and then -- and then once I was told by Corporal Dozois

31 that he had made the arrangements I took Mr. Harms back to the detachment.

33 Q Now, you and Corporal Dozois took two separate vehicles; correct?

34 A Sorry. Yeah, we were there in two separate vehicles.

36 Q So why would you have been required to remain at the scene while he’s making

37 arrangements to have --

38 A I was the lead investigator on the file, and I -- like I said, Corporal Dozois didn’t --

39 wasn’t aware of everything that was going on, so I was touching base with Corporal

40 Dozois and letting him know at the time what we needed to have done.

I thought you said you informed him already? Additionally, isn't he a Corporal and your boss, why would you need to school him?

1 Q This was something you were talking to him over the radio or was he coming back

2 and forth?

3 A He was coming back and forth in the police vehicle.

5 Q So this is around -- by the time you leave it’s about 1835 at the latest, sort of.

6 We’re looking somewhere 1840, 18- -- or, sorry 1830, 1835?

7 A Yeah. I don’t know exactly what time I left the residence.

Burn! the time line catches you liar. Your boss also testified he came out "once".

9 Q And I appreciate that we’re sort of estimating here based on our timelines, but that

10 would be roughly when --

11 A Approximately, yeah.

Stammering again....jebus bail me out!

13 Q Yes. And then from there it’s about a -- I think probably fair to say about a

14 five-minute drive from their residence, where you were at, to the station?

15 A Yes.

17 Q Perhaps a little bit less?

18 A Perhaps more depending on traffic, right.

20 Q Is there much traffic at this time of day?

21 A Yeah. I mean --

23 Q Saturdays.

24 A -- it’s Athabasca so it’s not real traffic jam all the time, but. . .

26 Q Okay. Usually pretty busy on a Saturday?

27 A It can be, yeah.

29 Q You don’t have a recollection of what the traffic was like that day?

30 A I don’t.

Really? you just knew I had three stairs with a 45 degree angle. 29 months later

32 Q In any event, we’ll assume, for the sake of argument, probably another five minutes?

33 A Sure.

35 Q That puts you back at the station around, on the most lengthy estimate of time,

36 probably around 1840. Yes?

37 A Approximately, yes.

39 Q Now, you’ve indicated today that at some point Corporal Dozois indicates to you that

40 you should keep him handcuffed?

41 A Yes.

2 Q And "him" being Mr. Harms?

3 A Yes.

5 Q Do you remember exactly what time that was?

6 A Just referring to my notes. I made a note that at 1920 Mr. Harms was still in

7 handcuffs as directed by Corporal Dozois. However, this is not -- to the best of my

8 recollection -- not the time that I was instructed to do it. I was instructed as soon as

9 we got back to the detachment.

Yet earlier you testified at 7:15 the DNA and cuffs were removed and I was allowed a call...then again you say a lot of things.

11 Q So you’re not sure when Constable -- sorry -- Corporal Dozois actually told you to

12 keep him in cuffs?

13 A It would have been when we got back to the detachment.

15 Q Was it immediately upon getting back to the detachment?

16 A Yes.

18 Q So on your evidence, at 1840 you were already advised to keep him in cuffs?

19 A If we’re saying I got back to the detachment at 1840, it would be shortly after that,

20 yeah.

22 Q I’m just looking for something in my notes.

24 If I suggested to you that you in fact were advised by Corporal Dozois at 1907 that

25 you were directed to keep him -- keep Mr. Harms in cuffs, would that sound like a

26 more realistic time? And perhaps you might refresh your memory with your notes.

27 A That would be approximately the time.

29 Q So it appears around 1907 Corporal Dozois told you to keep him in cuffs because now

30 there’s some information that makes them think that there’s a reason that there would

31 be evidence on his hands?

32 A Right.

Wow that's a big 27 minute fopaw, thank god for notes hey Folk?

34 Q What was going on at the police station prior to that time period, prior to hearing from

35 Corporal Dozois, so about -- we’re looking at seven after 7:00?

36 A I’m sorry. What was going on?

38 Q Like, what’s going on at the police station in terms of your interactions with

39 Mr. Harms? Where everyone is. Like, what are you guys doing for -- on our

40 numbers that’s probably around almost 30 minutes.

41 A Mr. Harms was -- I believe it was less than 30 minutes. I believe I was at the

1 residence for longer than I got back to the detachment. My best recollection would

2 be probably about 1900 hours.

So now it's 30 minutes, later? Not to good at thinking on your feet huh?

4 Q So you’re changing your evidence today that you in fact were at the residence until

5 close to 7 o’clock?

6 A I believe it was closer to probably ten to 7:00, yes.

Nice when you're an RCMP officer and can change testimony at will. This would mean I was crammed in the back of a sweltering car for a half hour at least and totally conflicts with DOZIOS testimony.

8 Q So if other officers observed you at 7 o’clock already in the detachment interacting

9 with Mr. Harms, that would surprise you?

10 A No. I would have -- like I said, I would have got back there around 7 o’clock, just

11 before maybe.

13 Q So your initial estimate of probably five to ten minutes interacting with Corporal

14 Dozois at the house is incorrect; it’s in fact --

15 A Yeah.

So in essence you lied, even reading from your so called notes.

17 Q Let’s do that math -- effectively 40 minutes. You were there for 40 minutes-ish?

18 A No, I’m sorry, it wouldn’t be 40 minutes. I originally got Mr. Harms in the vehicle

19 and read him his rights and caution at 1824. I’m assuming, to the best of my

20 recollection, probably another 15 to 20 minutes in front of that residence. And then the

21 five-minute ride to the detachment, so maybe ten to 7:00 I got back to the detachment.

Burn... I guess we will change our official testimony for the third time . ( if they only knew the half of it)!

23 Q One of the interactions you previously had with Mr. Harms is in some discussions

24 related to a Jason Kramer [phonetic]; that’s correct?

25 A I’m sorry. This is two and a half years ago. I don’t recall that.

You don't recall that? after 2 and a half years why? you recall so much, even that which was never entered into evidence . Do you think I should request phone records? of you and I talking on your RCMP phone with concerns for my child? ( naw, I'll leave that for the blog with the truth that happened that day) but do let me know if you need the phone records as reference. By the way this guy was discussed in the interview room too.

27 Q Okay. One of the previous problems they had had with Angel was that Mr. Harms

28 felt she was dating a boy who was inappropriate for her; correct? Too old for her?

29 A I do recall, yes.

31 Q And so that’s something she had drawn -- he had drawn to your attention in the past?

32 A Yes.

34 Q And so, in his view, this was a -- whether rightly or wrongly -- in his view this was a

35 sexual predator who was around his daughter. This was one of the concerns he’s

36 raised with you?

37 A I recall he raised a concern that Angel was dating this gentleman, yes.

Oh now you recall ! He was an adult, she a child!

39 Q Because he was significantly older than her?

40 A I’m sorry. I don’t recall the age difference at this point.

Fuck, stupid memory again huh? let me remind you. He was 21 and she was a mental health issued person with the real age of 14 you goof.

1 Q When you were at the police station, you had indicated that Mr. Harms was making

2 random comments, just saying lots of things. You didn’t write them all down,

3 though?

4 A No.

Of coarse not.

6 Q You only wrote down the ones that you thought were important to your investigation?

7 A Yes.

Selective hearing and memory, biased and corrupt. Just making shit up.

9 Q I’m going to suggest to you one of the things he said to you was, I didn’t do this, or, I

10 didn’t do it, something to that effect. Does that ring any bells?

11 A I don’t recall that, no.

Of course you don't ya crooked bastard!

13 Q It’s certainly not something you wrote down?

14 A No.

What? are you serious, did he just say that he wouldn't write down "I didn't do this or I wouldn't do this "? He is a keeper, nothing like admitting to it.

16 Q Not something you thought was important?

17 A I don’t recall it happening.

Well of course you don't Dudley do right.

19 Q One of the other things you don’t recall is how these statements came to be, like what

20 interactions had gone on with the officers leading up to them. Like, you can’t

21 remember what you said, what he said, what you said or he said; you can’t remember

22 the back and forth?

23 A No, I don’t recall there being back and forth other than the original statement from

24 Mr. Harms when I came downstairs.

Sickening.

26 Q So at the police station no one said anything to Mr. Harms?

27 A I can’t say that, no. I’m sorry.

Are you retarded? do you know what you said earlier?

29 Q Well, you’d appreciate that that sounds ridiculous; right? That obviously at some point

30 at the police station someone has said something to him. They didn’t leave him

31 sitting there for an hour or however long with no one saying anything to him; right?

32 A Two other constables were in there at that time talking his nail clippings.

So now we have gone from 40 minutes to over an hour, he speaks pretty good English I think he gets it.

34 Q Well, you’re the primary investigator?

35 A Yes.

37 Q So you were around the area?

38 A Yes.

40 Q You certainly were around to hear specific comments?

41 A Yes.

2 Q But you can’t remember anything that any of the other officers said?

3 A I don’t recall, no.

WOW! are you kidding me? did he just say that?

5 Q And certainly someone would have had to have been taking about the investigation,

6 why they were leaving him handcuffed, things like that?

7 A I explained to Mr. Harms why he was left in handcuffs, yes.

9 Q But for that comment, effectively, as far as we can tell, he’s sitting there talking to no

10 one?

11 A There was comments made by Mr. Harms. I don’t recall who they were directed to.

13 Q Do you have a recollection of Mr. Harms complaining about the handcuffs?

14 A I’ll just check in my notes. I do have a recollection of him complaining about his

15 handcuffs. I did make note that the handcuffs were on the first notch and Mr. Harms

16 had very large wrists.

I have a very large chest and huge arms ass hole, very tiny wrist and I wish I could have been allowed to show them in court.

18 Q So they were on there pretty tightly?

19 A Well, first notch would mean that they were on there as loose as they could possibly

20 be.

22 Q But on his wrists, that’s pretty tight; no?

23 A I do have here he has large wrists and there’s no other option than to be on the first

24 notch.

26 Q And you were aware -- and perhaps I’ll -- you were aware that he had had a back

27 injury shortly before that?

28 A Mr. Harms did -- I do recall him telling me, not on the day of this incident but in

29 previous dealings with him, that he did have a back injury, yes.

Even with Angel and all her shit, we had no police dealings for weeks. I dare you to show some proof you lying fuck! my back injury was just days old and no one but my family, doctor and WCB knew.

31 Q And certainly he told you he was on medication?

32 A Yes, he did.

34 Q And certainly he’s in handcuffs behind his back?

35 A Yes.

37 Q For someone that size that’s probably not particularly comfortable?

38 A No.

NO, REALLY!?

40 Q If I suggested to you he said something to the effect of, if you take off the cuffs, I will

41 plead guilty. I’ll do whatever you want. Does that ring any bells?

1 A No, it does not.

Of coarse not!

3 Q Now, when he makes a comment, "he" being Mr. Harms, to Constable McDonald, I

4 believe you said something to the effect of, Larry, why didn’t you just say you would

5 kick that child molester -- or kick the child molester’s ass, did it occur to you that he

6 could be referring to someone else?

7 A He may have, yeah.

9 Q He may have been referring to someone else? Because certainly it would be odd to

10 refer to yourself in third person?

11 A Yes.

13 Q And he didn’t do that at any other point in the investigation?

14 A I don’t know how. . .

ableet a bleeke that's all folks!

16 Q I apologize. Normally in the admissions, I did this, I did that, not speaking about

17 himself as if he’s another person. That’s fair; right?

18 A Yes, yeah.

20 Q So on this one incident you’d agree, as you have already, that it’s possible he’s

21 speaking about someone else?

22 A He’s labelling somebody in his statement a child molester, yes.

24 Q And this is one of those ones that it’s just difficult to tell because we don’t have any

25 context for it; right? Because you remember the statement, but you don’t remember

26 what was said around it?

27 A Right.

The conversation was in fact about the boy Jason Krammer.

29 Q Right. When Mr. Harms came out of the phone room on the second occasion, he

30 said, just take me back to my cell, or, take me to the fucking cell, something to that

31 effect; right?

32 A Yes.

34 Q At that point did you read him the prosper waiver again? Like, did you say --

35 A No.

37 Q -- hey, do you want to talk to a lawyer?

38 A No, I did not. Mr. Harms at that time was extremely upset, yelling, demanding to

39 be put in a cell.

41 Q And so when you were endeavouring to take the warned statement from Mr. Harms, if

1 Itold you the time was about 2320, would that sound about right to you?

2 A I don’t recall exactly what time it was. It sounds like it would be accurate, yes.

4 Q When you’re taking a warned statement, there’s generally paperwork that accompanies

5 that; is that correct?

6 A There would be --

8 Q Like a form?

9 A A form that’s filled out, yes.

11 Q Perhaps if my friend has no objection, I’ll just pass up this form to. . . I’ll give you

12 that.

13 A Yeah.

15 Q Now, does this form look like the one you would have used on that occasion?

16 A Absolutely, yes.

18 Q And so the signature at the bottom of the form, that’s yours?

19 A It is, yeah.

21 Q And so does this refresh your memory with respect to what time you would have

22 taken -- been endeavouring to take that statement?

23 A Yes, 2320 hours.

So where then is the video or audio of said interview?....That's right you guys destroyed it like the alleged gun. So now we have discovered by signed paperwork that I have been in cuffs for over 7 and a half hours for sure, with a back injury. Still to this day I have scarring on my wrists.

25 Q Now, having this in hand, when you are endeavouring to take that statement, does

26 Mr. Harms reassert his right to talk to a lawyer?

27 A Mr. Harms stated that he did understand what I told him and that he did want to talk

28 to a lawyer.

30 Q So despite having been in the phone room before, he -- again he wants to speak to a

31 lawyer?

32 A I recall after this, Mr. Harms wanting to talk to a lawyer, he became very angry again,

33 started screaming and yelling at me and he was put back in his cell.

35 Q And he didn’t want to participate in the investigation?

36 A He didn’t want at that time to provide a statement.

38 Q Sorry. We’re almost done, Officer. I’m just double checking I’ve asked you

39 everything I need to.

41 I just want to be clear here, in your examination-in-chief you indicated that Constable

1 McDonald and Constable Parker had taken the fingernail clippings before Mr. Harms

2 made the statements at -- with respect to the child molester, that comment. That

3 happened before then?

4 A It was during.

6 Q Oh, during. It was at the same time?

7 A As far as I can recall it was during, yes.

As far as you recall? no notes? thought you read that from notes previously...

9 Q And how long did that process take, the nail clipping?

10 A Best of my recollection about ten minutes.

12 Q Ten minutes, so like a minute per finger?

13 A Yeah, I mean, they’re seizing them and writing on the bags which finger, and there’s

14 more to it than just clipping the nails obviously.

16 Q So what was happening with Mr. Harms, then, between that time, so around 1910, we

17 have -- it’s going on. We don’t know what point, unless you can tell us, what point

18 in that process they are at. What happens between then and 1950 when he gets put

19 in the phone room?

20 A The fingernail clippings were taken, obviously by the team members, and seized.

21 There was also -- I do recall that we had to send one of the members to the local

22 drugstore to get a new set of fingernail clippers, obviously for DNA reasons. We

23 didn’t have one on hand. And then they -- I remember the guys, the two members

24 getting everything they needed to go in and take the fingernail clippings.

26 Q But certainly that would have all happened before they are actually taking the --

27 A Absolutely.

29 Q -- samples and he’s making this statement. So my question is, from around that

30 time, 1910, when they’re at some point taking these -- like, they’re already at the point

31 where they have the clippers, they’re snipping his nails, what happens between then

32 and 1950 when he first gets put in the phone room?

33 A Mr. Harms was sitting in the secure interview room.

35 Q Sorry?

36 A He was sitting in the secure interview room while we were waiting for the members to

37 prepare to get the fingernail clippings.

39 Q Waiting with members to do what?

40 A To get what they needed to do the fingernail clippings.

1 Q I think we have a bit of a disconnect here. So on your evidence at 1910, when that

2 statement is made to Mr. McDonald about the child molester -- right?

3 A Yes.

5 Q -- they’re already in the process of snipping those nails; right?

6 A Yes, I believe so.

8 Q During the process?

9 A I believe so, yeah.

Ahhh, caught again.

11 Q Yes. So in order to do that the officers --

12 A I’m sorry. I’m sorry. No, at that point I don’t believe -- no, I’m sorry, they

13 wouldn’t have been because we got back to the detachment, we’re saying, just before

14 7:00 p.m., 1900 hours, and I know that the members had to get the stuff ready to clip

15 the fingernails. I think this is while Constable McDonald was in the back area and

16 Mr. Harms had the door open to the secure interview room. That would have been

17 before the nail clippings were taken.

Really Folk, Just change it up again..

19 Q Now, in 2009 you were the subject of some disciplinary proceedings with the police;

20 that’s correct? There was an investigation into your conduct?

21 A I’m sorry, regarding?

23 Q My recollection is that it may have had something to do with a tasering incident?

24 A Yes, I believe in 2009.

So here he acknowledges it.

26 Q And so as a result of that was there any findings made by the disciplinary board?

27 A I’m sorry. Just so that we’re clear, can you shed more light on the incident?

29 Q Pardon me?

30 A Which incident was this that I was --

32 Q I guess I should clarify. Has there been more than one incident where you’ve been

33 involved in disciplinary proceedings?

34 A I have been the subject of complaint on two different incidents, yes.

Really!? we only knew of the one that you just previously acknowledged, but feel free to tell us of the two others.

36 Q Can you advise us as to what those two occasions are.

37 A One of the incidents was an incident that happened at the multiplex in Athabasca

38 where I deployed pepper spray on a crowd of people. That was one. It went to the

39 review board and a use of force -- an RCMP use of force, they investigated that and

40 found that I was more than justified in that. And then I was -- I’m sorry. I don’t

41 recall the tasering incident you speak of.

2 Q Okay. Well, then what -- when you said there’s a second one, sorry. If it’s not the

3 tasering one, then what’s the second one?

4 A There was one where I was involved in taking an individual down to the ground as a

5 result of a police chase that ensued and he made a complaint that I used excessive

6 force, and that also was clear to the board that it was acceptable force.

8 Q Just give me one second. I might be able to give you some details that will refresh

9 your memory.

11 I will leave my questions at that, Officer. Thank you for your time today.

12 A Thank you.

Why beat a dead dog, we only knew of the one and he acknowledges it but then cannot recall, yet tells us of another two...wow and he is still a cop.

14 THECOURT: Anythingarising?

16 MS.JOYCE: No. Thank you, My Lord.

18 THECOURT: Thankyou very much, Officer. You are free

19 to leave.

21 (WITNESS STANDS DOWN)

There are more than a few problems with this guys testimony which are just too numerous to show. But I will list off a few and give a few links as well.
QUESTIONS:
WHY are there no "crime scene"photo's
WHY according to the horrific account is there no photo's of "the victim", i.e bruising and what not?

WHY is there no interview tape?
WHY is there no evidence that was clearly "seized into evidence"?
WHY does the DNA say it didn't happen?
WHY is it never discussed that he and DOZIOS took off my back brace and was unable to do anything I was accused of?
WHY does the weather data report from 3 separate polling stations all say that it didn't rain that day or any day near that one weeks earlier or after?
http://wheatkings.blogspot.ca/2014/01/dna-report.html
http://wheatkings.blogspot.ca/2014/01/medical-file.html
http://wheatkings.blogspot.ca/2014/01/eviedence-seizure-list.html
http://wheatkings.blogspot.ca/2014/01/wcb-letters.html
http://wheatkings.blogspot.ca/2014/01/weather-data-report-for-entire-month-of.html

The physical aftermath of corrupt, uneducated cops. Simply destroyed a mans life

TORTURED

Tortured by Canadian government

Thursday, 15 May 2014

Deciphering the lead constables testimony....Constable Leo Folk. (blog 60)

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